Traditional Culture Encyclopedia - Photography and portraiture - Is it infringement to adapt other people's works?
Is it infringement to adapt other people's works?
According to Article 10, Paragraph 1 (14) of the Copyright Law of People's Republic of China (PRC), the right of adaptation refers to the right to change a work and create a new one with originality. Article 12 of the Copyright Law of People's Republic of China (PRC) stipulates that the copyright of a work produced by adaptation, translation, annotation and arrangement of an existing work shall be enjoyed by the person who adapted, translated, annotated and arranged the work, but the exercise of copyright shall not infringe the copyright of the original work. From the above legal provisions, we can know that the adapter enjoys the copyright of the adapted work, but the exercise of this copyright is limited, that is, the exercise of the copyright of the adapted work shall not infringe the copyright of the original work. Specifically, the adapter only enjoys the copyright in a negative sense, that is, the right to prevent others from using his adapted works without permission, but does not enjoy the copyright in a positive sense, that is, he may not use his adapted works himself or others. This is because a work adapted from the original contains both the intellectual achievements of the original author and the intellectual achievements of the adapted author, and any use of the adapted work must also constitute the use of the original. Therefore, unless there are special provisions in the law, the exercise of the copyright of the adapted work or any use of the adapted work should obtain the consent of the adapter and the original copyright owner, otherwise, not only the copyright of the adapted work is infringed, but also the copyright of the original work (such as the film right included in the copyright). Legal basis: Article 12 of the Copyright Law of People's Republic of China (PRC) stipulates that the copyright of a work produced by adapting, translating, annotating and arranging an existing work shall be enjoyed by the person who adapted, translated, annotated and arranged the work, but the exercise of copyright shall not infringe the copyright of the original work.
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